how to file for divorce in maricopa county, arizona without a lawyer

by Prof. Rudy Jacobi DVM 10 min read

There are a few things you can do on your own to file for divorce in Arizona as long as you file the correct legal forms for divorce. Here are steps you can take yourself: Obtain the summons and preliminary injunction forms. Fill out the correct version of the Petition for Dissolution of Marriage

Divorce

Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries divor…

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Full Answer

What does it cost to get an Arizona divorce?

These costs may include:

  • Monthly Child Support
  • Monthly Spousal Maintenance
  • The Division of Property and Debt
  • Attorney Fees
  • Waste Claims For Reimbursement
  • Claims for Breach of Fiduciary Duty
  • And more.

How to self file for divorce?

  • Follow these Instructions for Completing the Praecipe for Summons (DC 6:4.4A) (pronounced "pray-si-pee") .
  • File the Praecipe for Summons with the clerk of the district court where you filed your divorce.
  • Call the clerk or local sheriff to find out how much it costs to have the sheriff serve your spouse. ...
  • The clerk will write up a Summons. ...

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Do it yourself divorce AZ?

Do it yourself divorce in arizona. An uncontested, no-fault divorce stipulates that both celebrations remain in 100% agreement on ending the marital relationship. Partners must be able to interact with each other, and able to work together in an amicable, collective divorce. Do it yourself divorce in arizona.

What are the requirements for divorce?

  • Attaining permanent employment in the state
  • Purchasing a home or signing a lease on one
  • Having a Florida address that you use for both personal and official purposes
  • Personal testimony

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How much does it cost to get a divorce in Arizona without a lawyer?

On average, an Arizona divorce costs about $20,000. The average cost of divorce in Arizona without a Lawyer is $577. The average cost of divorce in Arizona with a Lawyer is $20,000. However, the average cost of divorce in Arizona can range from $15,000 to $100,000 per side when including expert witness fees.

Can I file for a divorce on my own in Arizona?

Even if you decide to file for divorce on your own, there will be fees. You must pay to file documents with the court. Filing fees differ depending on your jurisdiction and the materials you have to file. You also have to pay to serve the other party.

How do I file for divorce for free in Arizona?

Arizona divorce forms are all available online and free to use. The Arizona Judicial Branch provides the required forms and instructions for a divorce with minor children or without minor children. These forms may be accepted by courts statewide, although some courts may have their own preferred forms.

How much does it cost to file for divorce in Maricopa County?

$349What is the cost of a divorce in Arizona? In Maricopa County, the base fee for filing a Petition for Dissolution of Marriage (with or without children) is $349. Pima County's fee is $83 less at $266. Other Arizona counties have different filing fees.

How can I get a quick divorce in Arizona?

If you and your spouse do not agree on all of the issues in your divorce, the only practical way to get a quick divorce in Arizona is to hire a mediator or arbitrator to get you divorced fast.

Can you get a divorce without a lawyer in Arizona?

In Arizona, a large percentage of divorces proceed without either party hiring a lawyer. As Arizona is a no-fault divorce state, couples do not need a specific reason to file for divorce – it is sufficient that the parties do not get along – otherwise known as irretrievable differences.

Can I file for divorce online in Arizona?

You can't actually get divorced entirely online in Arizona. Rather, you can download the initial divorce papers, but you will need to file them in person. You may also need to attend one or more hearings at the court in order to finalize your case.

Can you get divorced without the other person signing?

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.

How long do you have to be separated before divorce in AZ?

60 daysDoes Arizona require separation before divorce? No, Arizona does not require spouses to separate before filing for divorce (dissolution of marriage). However, there is a waiting period of at least 60 days before the divorce can be finalized after filing and serving your spouse.

Who pays for a divorce in AZ?

The Arizona divorce laws permit the Court to order one spouse to pay some or all of the other spouse's attorney fees and costs. Although there are many different statutes that provide the court with this authority, the most cited statute is A.R.S. 24-324.

How much does a divorce cost without a lawyer?

The average (mean) cost of a divorce is $12,900. The median cost of a divorce is $7,500. An uncontested divorce or one with no major contested issues costs, on average, $4,100. Disputes over child support, child custody, and alimony raise the average cost of a divorce significantly.

How much does it cost to serve divorce papers in Arizona?

You can expect to pay in the neighborhood of $75 to $125 for the average serve. If your spouse is avoiding the process server, the cost will be more. The process server will try to make contact with your spouse at home, at work, or some other location where they expect your spouse to be present.

How long does it take to get divorced in Arizona?

The amount of time that takes to get a dissolution or divorce can vary from case to case. State laws require that you wait 60 days from the date of service before you can proceed with a divorce.

What is the person filing for divorce called?

The person filing for the divorce is called the Petitioner. The person responding to the divorce is called the Respondent. The instructions and forms are broken down into 4 different packets: Step 1 - Introduction and first court papers. Step 2 - How to serve the first court papers.

What is a divorce where the parties have been married for a relatively short period of time?

A divorce where the parties have been married for a relatively short period of time, have no children, and little property or debt can be less involved. A divorce where the parties have been married for a long period of time, where there are minor children, or where there is a significant amount of property or debt to be divided and ...

1. Meet the Arizona Residency Requirements

At least one spouse must be a resident of Arizona for a minimum of 90 days before filing a divorce petition.

2. Get Divorce Papers

Go to the Superior Court in Maricopa County and obtain divorce packets from the library resource center or the Clerk of Court. You can also apply and obtain Arizona divorce papers online.

3. Fill out the divorce papers

To avoid mistakes, it’s best to complete your divorce paperwork with the help of a divorce lawyer. There are also many online resources to help you out. Make two copies of all divorce paperwork. The original copies will be filed with the Court, you will keep a copy for yourself, and a copy will be served to your spouse.

4. File your divorce papers

Return to the Superior Court and file your divorce paperwork with the Clerk of Court. They will keep the original papers and stamp them as “filed.” Pay the divorce filing fee. If you cannot afford to file for divorce, then you may apply to have the fee waived.

5. Serve the divorce papers to your spouse

The Clerk of Court can help you arrange to have a copy of your divorce papers served to your spouse, either by a sheriff or by a registered process server. Your spouse must be served the divorce papers within 120 days of them being filed. They must then file a response within 20 days of being served the divorce papers.

How to file a divorce petition in Arizona?

To file a divorce petition in Arizona, the petitioner must also file the following: Summons: Informs to the respondent that a divorce has been filed and he/she must take action within a particular time period.

What are the grounds for divorce in Arizona?

ARIZONA GROUNDS FOR DIVORCE. The “no-fault” grounds for a divorce in Arizona are that the marriage is broken irretrievably and there is no prospect of a reconciliation. If the marriage is a covenant marriage, then the grounds for the dissolution of the marriage are: Abandonment. Adultery.

How long do you have to file for divorce in Arizona?

Your spouse or you must have resided in the county where you’re filing for a divorce for a minimum of 90 days before filing a Petition for Divorce. Any children belonging to your spouse and you should have resided in ...

What is community property in Arizona?

Arizona follows community property laws. Community property is all the property acquired by both spouses during the marriage and is equally owned by both spouses. Community property is usually divided equitably during a divorce. Any property that is owned by one spouse before marriage or received by a spouse during the marriage as an inheritance ...

How long do you have to live in Arizona to get divorce?

Any children belonging to your spouse and you should have resided in Arizona for a minimum period of 6 months before the court has the judicial authority to pass judgment regarding child custody and parenting time. From the time that you file your petition for divorce, there is a waiting period of a minimum of 60 days before ...

What is the legal custody of a child in Arizona?

The are 2 types of legal custody in Arizona – sole legal custody and joint legal custody. In the case of a joint custody, both parents have equal say in making major decisions affecting the child including educational and medical decisions. In the case of sole custody, the parent with the custody can make these decisions pertaining to the child without consultation with the other parent.

How long does it take to respond to a summons in Arizona?

As a respondent, if you live in Arizona, you must respond to the petition and summons in 20 days, otherwise, the court may pass a default judgment in favor of your spouse, i.e. the court will award all the things that your spouse has requested in the petition without consulting you.

How much does a divorce cost in Maricopa County?

How much a divorce can cost in Maricopa County depends on many factors. Nevertheless, the court filing fee, which is about $300, is mandatory for all couples, except for those qualified for a fee waiver due to financial hardship.

How long do you have to live in Maricopa County to get divorce?

According to the Arizona Statutes, Sec. 25.312, one of the spouses must be a state resident and live in Arizona for at least 90 days before filing for divorce. Members of the armed forces who are not residents of the state ...

How long does it take to serve divorce papers in Maricopa County?

In Maricopa County, serving divorce papers means delivering copies of the Petition and the Summons to the respondent within 120 days of the date of filing. It may be accomplished:

What is the final court hearing in Maricopa County?

A final court hearing is the last step for obtaining a divorce in Maricopa County. Unless the spouses have minor children, it is not mandatory for the spouses to attend the hearing. The court may appoint the hearing at its discretion on a case-by-case basis.

How long can a divorce be postponed?

If the divorce is uncontested, the court has the right to postpone the case for a period not exceeding 60 days to allow the couple to use the services of intermediaries and to try to reconcile. Spouses who have minor children from the marriage are required to take parenting classes.

What is mediation in Maricopa County?

The mediator is a neutral party which directs all its efforts to helping the spouses overcome disputes and find a compromise. At the same time, the intermediaries do not force the spouses to make decisions and do not take anyone's side.

How is property divided in Maricopa County?

In a community property state, the Superior Court shall divide the spouses' property equally if they cannot do it before filing for divorce in Maricopa County on their own. All the marital property that the couple acquired in marriage, up until the filing date, is subject to division. In Maricopa County, the court shall not divide assets, which are considered as separate property of each spouse, including anything acquired before the marriage or gifted to or inherited by either spouse.

How long before closing do you have to file paperwork?

File the documents with the court. There are several locations available – choose the one nearest you. Be sure to arrive at least a couple of hours prior to closing to ensure that the staff will have time to process your paperwork before their work day is done.

Is Arizona a no fault divorce state?

Arizona is a no-fault divorce state, which is a big plus if you and your spouse wish to remain amicable throughout the do-it-yourself divorce proceedings. This is because with no-fault proceedings, neither you nor your spouse will be made to drag one another through the proverbial mud to prove wrongdoing in order to get a divorce request gran ted.

How long do you have to live in Arizona to file a tax return?

you OR your spouse have lived in Arizona, or been stationed in Arizona while in the Armed Forces, for at least 90 (ninety) days prior to the day you filed the

What to do if you have questions about covenant marriage?

If you still have questions about whether you hav e a covenant marriage, see a lawyer for help.

What to do before filing a court case?

Consulting a lawyer before filing documents with the court may help prevent unexpected results. A list of lawyers you may hire to advise you on handling your own case or to perform specific tasks, as well as a list of court -approved mediators can be found on the Law Library Resource Center website.

Do you have to file a court document if you are a victim of domestic violence?

Court doc uments request your address and phone number. If you are a victim of domestic violence, and you do not want your address to be known in order to protect yourself or your children from further violence, you must file a

Can domestic violence be part of a marriage?

Domestic violence can be part of any marriage. Domestic violence includes

Do you have a covenant marriage?

You do have a “covenant” marriage, or since you were married you have

How long do you have to live in Arizona before filing a divorce?

Either spouse has lived in Arizona at least 90 days before you file the forms; or either spouse is a member of the armed forces and has been stationed in Arizona at least 90 days before you file AND, If you have minor child (ren), they have resided (lived) in Arizona at least 6 months before you file the forms or you talked to a lawyer who advised ...

Do both spouses want divorce?

Both spouses want to get a divorce, AND, Both spouses agree to ALL the terms of the divorce and will work together to complete, sign and file the necessary papers, AND, You do not have a “covenant” marriage, (these papers will not work for a covenant marriage) AND,

What is proof of service in divorce?

Proof of service shows that you have given a copy of the divorce petition to the other party.

Can you serve divorce papers after filing?

There are certain rules that you must follow to serve the other party with the divorce papers after you have filed the papers with the court. Make sure you read and follow all of the instructions.

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